Judge keeps 911 calls secret in student shooting

JIM FITZGERALD

Published 12:05 PM ET Fri, 12 Nov 2010
The Associated Press

A judge has refused to release 911 calls and other evidence to the parents of a college football player who was shot and killed by police, saying they failed to include any firsthand account of what happened.

Danroy and Angella Henry of Easton, Mass., had requested access to any audio and video recordings relevant to the death of their son, Danroy Henry Jr.

Henry, a Pace University student, was killed in his car on Oct. 17 during a disturbance outside a bar in the New York City suburb of Thornwood, near the Pace campus. Police said the 20-year-old sped away and hit two officers after a third officer knocked on his car window. Some witnesses and the family dispute that account and a grand jury investigation has begun.

The Westchester County district attorney's office had argued against the Henrys' request, saying the evidence must be kept secret until it is presented to the grand jury.

The parents' lawyer, Michael Sussman, said in court that 911 recordings and surveillance footage would help the parents learn what happened to their son and would help them decide whether to sue. He said he would be willing not to make them public.

In his decision, dated Tuesday but made public Friday, state Supreme Court Justice Orazio Bellantoni did not specifically address grand jury secrecy. He said any request for early release of evidence must be supported by an affidavit from "someone with firsthand knowledge of the facts." He said Sussman's argument was instead based on "facts either told to or read by him."

News organizations have also been denied access to the evidence, on the grounds that the investigation is continuing.

Sussman said he and Danroy Henry Sr. would comment on the decision later Friday.

The Henrys came to White Plains on Monday for a hearing on the motion, but did not speak in court. Angella Henry wore large buttons bearing photos of their son.

The Henrys and their lawyer met afterward with District Attorney Janet DiFiore, who is coordinating the investigation.

Sussman said the meeting was cordial but did not change their view that a federal investigation is warranted because the police forces involved in the shooting — Mount Pleasant's and Pleasantville's — work closely with DiFiore.

He also is seeking a determination of whether racial bias or stereotyping played a role. The officers who fired at Henry's car are white; Henry was black.

The U.S. attorney's office said Oct. 26 that it was monitoring the case and would undertake an independent review "if appropriate."